Cornell Rape Accused Seek to Disqualify N.Y. Attorney General Over Social Media Posts

Two men accused in a civil lawsuit over a gang rape at Cornell University are asking a state court to remove New York Attorney General Letitia James from the criminal investigation. The motion, heard by Judge James R. Farrell in Monticello, argues that James displayed a presumption of guilt in social media posts made shortly before she was assigned to the case.

The legal challenge stems from a lawsuit filed in September by a former Cornell student, identified in court documents as Jane Doe. The suit alleges that several men raped her at a fraternity party in October 2024. The accuser claimed that the men pressured her into using ketamine and marijuana and served her alcohol that left her too intoxicated to consent.

On September 28, James posted to X and Facebook, linking to a news article about the lawsuit. In the message, she wrote, “What this young woman has been forced to endure is horrific and unacceptable.” She added, “I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

On October 1, Gov. Kathy Hochul issued an executive order transferring the case from Tompkins County District Attorney Matthew Van Houten to James. Van Houten had previously declined to bring charges in 2024. The governor appointed James as the special prosecutor for the renewed criminal probe.

Within days of the appointment, lawyers for two of the defendants filed separate challenges to James’ role. One petition is before Judge Farrell in Monticello, a town located 72 miles northwest of Manhattan. The second challenge is pending in Tompkins County, where Cornell is situated. James is not expected to attend the hearing in Monticello.

Andrew Miltenberg, the attorney representing the man in the Monticello case, wrote that James’ social media post “has unequivocally demonstrated a bias and presumption of guilt against the defendants.” Miltenberg asked Judge Farrell to order Hochul to appoint a special prosecutor “who is free from actual or perceived conflicts of interest or bias.”

James’ office countered in a court filing that the challenge is “procedurally defective and substantively meritless.” The office noted that courts have previously upheld the governor’s broad executive power to appoint a special prosecutor. Assistant Attorney General Kaitlin Vigars wrote that the petitioner’s claims of harm were “speculative and conclusory,” relying entirely on his “mischaracterization of the AG’s statements.”

At a news conference announcing her appointment, James declined to comment on the social media posts. Hochul stated she had no concerns about naming James to the role. The governor said, “I have every confidence in our attorney general to do what she has always done: Look at the facts, examine the record, draw the proper conclusions.”

James has handled several high-profile investigations in her tenure. Her cases include actions against the National Rifle Association and President Donald Trump. In the matter against Trump, she described him as a “con man” and “carnival barker” and pledged to examine his real estate dealings. She also led the civil investigation that resulted in Gov. Andrew Cuomo’s resignation over sexual harassment allegations.